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COMMONWEALTH v. PINKETT

213 Pa.Super. 724 (1968)

Commonwealth v. Pinkett, Appellant.

Superior Court of Pennsylvania.

August 9, 1968.

Attorney(s) appearing for the Case

Richard M. Lovenwirth, Assistant Public Defender, for appellant.

Richard A. Devlin and Henry T. Crocker, Assistant District Attorneys, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

OPINION PER CURIAM:

The order of the court below of February 5, 1968, in so far as it denies appellant the right to appeal nunc pro tunc from his original 1957 sentence, is vacated and the record remanded with directions to hold a further evidentiary hearing as to the circumstances of appellant's failure to file posttrial motions. If the lower court shall find that appellant has knowingly and intelligently waived...

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